NOT TO BE PUBLISHED
OPINION
CAPERTON, JUDGE.
The Appellant, Ivan Parker Griggs, appeals the November 30, 2009, order of the Fayette Circuit Court, denying his RCr 11.42 motion following an evidentiary hearing. Having reviewed the record, the arguments of the parties, and the applicable law, we affirm.
The relevant facts of this case were sufficiently summarized by the Supreme Court of Kentucky as follows:
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